Factories (Gujarat Amendment) Ordinance, 2025

Key Changes and Compliance Guide

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Nikita Jain
Nikita Jain

Published on: Jul 11, 2025

Shweta Khandelwal
Shweta Khandelwal

Updated on: Jul 11, 2025

(7 Ratings)
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The Factories (Gujarat Amendment) Ordinance, 2025 marks a significant and forward-looking step in aligning Gujarat’s labour laws with the evolving needs of industrial operations. While it introduces greater operational flexibility for factories, it concurrently places heightened responsibility on employers to safeguard worker welfare particularly for women employees, who are now permitted to work night shifts under strict safety conditions.

This ordinance was promulgated by the Governor of Gujarat under Article 213 of the Constitution of India, a provision that allows the issuance of ordinances when the state legislature is not in session. It received Presidential assent, thereby granting it immediate legal effect. However, as a temporary legislative instrument, the ordinance must be placed before the Gujarat Legislative Assembly and ratified within six weeks of its reassembly; failing which, it will automatically lapse.

As the ordinance awaits ratification from State Legislative Assembly, all stakeholders especially employers and HR professionals must act swiftly to revise internal policies and ensure compliance during this transitional period.

A comparative overview of the key differences between the original Factories Act, 1948 and the amended provisions introduced by the Factories (Gujarat Amendment) Ordinance, 2025:

Section Reference Title Factories Act, 1948 Factories (Gujarat Amendment) Ordinance, 2025
Section 54 Daily hours Daily working hours: nine (9) hours/ day (inclusive of rest), with a weekly cap of forty-eight (48) hours. Section 54(2) has been inserted wherein, Daily working hours:twelve (12) hours/day (inclusive of rest), with a weekly cap of forty-eight (48) hours.
Section 55 Intervals for rest Workers can work up to five (5) continuous hours without a break. Workers can work up to six (6) continuous hours without a break.
Section 56 Spread over Spread-over can now be up to ten and a half (10.5) hours including intervals for rest in respect of any group or class or description of factories. Spread-over can now be up to twelve (12) hours including intervals for rest in respect of any group or class or description of factories.
Section 59(1) Extra wages for Overtime If a factory worker works more than nine (9) hours in a day or more than forty-eight (48) hours in a week, they are entitled to overtime wages at twice (2) their ordinary rate of wages. A factory worker is entitled to overtime wages at twice (2) the ordinary rate if they:
  1. Work more than nine (9) hours a day or more than forty-eight (48) hours a week when working six (6) days a week.
  2. Work more than ten (10) hours a day or more than forty-eight (48) hours a week when working five (5) days a week.
  3. Work more than eleven and a half hours (11.5) hours a day when working four (4) days a week, or if they work on paid holidays.
Section 65(3) Power to make exempting orders Quarterly overtime limit is seventy-five (75) hours. Quarterly overtime limit increased to one hundred and twenty-five (125) hours.
Section 65(3)(v) has been inserted wherein, written consent of worker mandatory for overtime.
Section 66(1) Restrictions on Employment of Women
  1. No exemptions allowed for women from Section 54 (Daily hours).
  2. Women can only work between 6 a.m. and 7 p.m., but the State Government may adjust these hours, never allowing work between 10 p.m. and 5 a.m.
  3. Shift changes for women can only happen after a weekly or other holiday.
Section 66(1) has been substituted wherein, women permitted to work night shifts (7 PM – 6 AM) with certain safety conditions:
  1. Prevent and address sexual harassment with proper complaint systems.
  2. Ensure safe, well-lit workplaces with CCTV coverage.
  3. Employ women in groups of at least 10 with adequate security and restrooms.
  4. Provide secure transportation with GPS and CCTV.
  5. Have at least one-third women supervisors on night shifts.
  6. Guarantee twelve (12) hours rest between shift changes.
  7. Keep women’s personal info confidential.
  8. Obtain written consent from women for night work.

Conclusion

The Factories (Gujarat Amendment) Ordinance, 2025 introduces pivotal reforms aimed at enhancing industrial efficiency while ensuring worker welfare. Employers must act promptly to ensure legal compliance and uphold worker safety and rights.

Disclaimer

The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. The content of this article is not intended to create and receipt of it does not constitute any relationship. Readers should not act upon this information without seeking professional legal counsel.

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